Old South Street Parking Lot (32C-345) AULForm 1075 -DRAFT 310CMR40.1099
NORTHERN PORTION OF OLD SOUTH STREET PARKING LOT
Form 1075
NOTICE OF ACTIVITY AND USE LIMITATION
M.G.L. c. 21E, § 6 and 310 CMR 40.0000
Disposal Site Name: Former Northampton Gas Works
DEP Release Tracking No.:1-14222
This Notice of Activityand Use Limitation ("Notice") is made as of this _____ dayof
_____________,2007,by theCityofNorthampton,havinganaddressat CityHall,210MainStreet,
Northampton, MA,together with its successors and assigns (collectively "Owner").
W I T N E S S E T H:
WHEREAS,theCityofNorthampton istheownerinfeesimpleof thecertainparcel of
land located in Northampton, Hampshire County, Massachusetts with the improvements thereon,
pursuant to deeds recorded with the Hampshire County Registry of Deeds in Book __, Page __;
WHEREAS, said parcel of land, which is more particularly bounded and described in
Exhibit A, attached hereto and made a part hereof ("Property")is subject to this Notice of Activity
andUseLimitation .ThePropertyisshownonaplanrecordedintheHampshireCountyRegistryof
Deeds in Plan Book __, Page __;
WHEREAS,thePropertycomprisespartofadisposalsiteastheresultofareleaseof oil
and/or hazardous material.Exhibit B is a sketch plan showing the relationship of the Property
subject to this Notice of Activityand Use Limitation to the boundaries of said disposal siteexisting
withinthelimits ofthePropertyandtotheextentsuchboundarieshavebeenestablished. ExhibitB
is attached hereto and made a part hereof;and
WHEREAS, one or more response actions have been selected for the Disposal Site in
accordancewithM.G.L.c.21E("Chapter21E")andtheMassachusettsContingencyPlan,310CMR
40.0000 ("MCP"). Said response actions are based upon (a) the restriction of human access to and
contact with oil and/or hazardous material in soil and/or groundwater and/or (b) the restriction of
certainactivitiesoccurringin,on,through,overorundertheProperty. Thebasisforsuchrestrictions
issetforthinanActivityandUseLimitationOpinion("AULOpinion"),dated__________,(which
is attached hereto as Exhibit C and made a part hereof);
NOW, THEREFORE, notice is hereby given that the activity and use limitations set
forth in said AUL Opinion are as follows:
1.Activities and Uses Consistent with the AULOpinion. The AULOpinion provides
that a condition of No Significant Risk to health, safety, public welfare or the
environment exists for anyforeseeable period of time (pursuant to 310 CMR 40.0000)
so long as any of the following activities and uses occur on the Property:
(i) Excavation and/or removal of potentially contaminated subsurface soils
Form 1075 -DRAFT 310CMR40.1099
(greater than fifteen (15) feet below ground surface and associated handling
and processing (e.g. size reduction, etc.) associated with limited short -term
(three months or less) construction work, provided that it is conducted in
accordancewiththeperformancestandardsoftheMCP.Suchactivitiesmust
be conducted in accordance with the performance standards set forth by the
MCP and conducted under the direction of a Licensed Site Professional
(LSP). Excavation activities must be conducted in accordance with the Soil
ManagementProcedurespursuantto310CMR40.0030,and/orallapplicable
worker health and safety practices pursuant to 310 CMR 40 .0018;
(ii) Activities and uses which are not identified by this Notice as being
inconsistent with maintaining a condition of No Significant Risk; and
(iii) Such other activities and uses which, in the Opinion of an LSP, shall
present no greater risk of harm to health, safety, public welfare, or the
environment than the activities and uses set forth in this paragraph.
2.Activities and Uses Inconsistent with the AULOpinion. Activities and uses which
are inconsisten t with the objectives of this Notice of Activity and Use Limitation, and
which,ifimplementedat theProperty,mayresultinasignificantriskofharmtohealth,
safety, public welfare or the environment or in a substantial hazard, are as follows:
(i)Activities and/or uses which involve the removal and/or disturbance of
contaminatedsoillocatedbeneaththe watertable withoutpriordevelopment
of a Soil Management Plan and a Health and SafetyPlan in accordance with
Obligations (i) and (ii) of Paragraph 3 below;and
(ii) Relocation of the contaminated soil from beneath the water table on the
Property,unlessanLSPrendersanOpinionwhichstatesthatsuchrelocation
is consistent with maintaining a condition of No Significant Risk.
3.Obligations andConditionsSetForthintheAULOpinion. Ifapplicable,obligations
and/or conditions to be undertaken and/or maintained at the Property to maintain a
condition of No Significant Risk as set forth in the AUL Opinion shall include the
following:
(i) A Soil Management Plan must be prepared by an LSP and implemented
priortothecommencementofanyactivitythatwilldisturbthecontaminated
soil located below the water table. The Soil Management Plan must be
prepared by an LSP and implemented prior to the commencement of any
activity at the Property that involves the disturbance, excavation and/or
removal ofOHM-impactedsoil.TheSoilManagementPlanshoulddescribe
appropriate soil excavation, handling, storage, transport, and disposal
procedures in accordance with the provisions of the MCP cited at 310 CMR
40.0030 et seq. and appropriate groundwater handling,storage,anddisposal
procedures in accordance with the provision of the MCP cited at 310 CMR
40.0040 et seq. The Soil Management Plan should include a description of
Form 1075 -DRAFT 310CMR40.1099
the engineering controls and environmental monitoring procedures, if any,
necessarytoensurethatworkersandreceptorsinthevicinityarenotaffected
by fugitive dust or particulates from the Property. On-site workers must be
informedoftherequirementsoftheSoilManagementPlan,andtheplanmust
be available on-site throughout the course of the project;
(ii) A Health and Safety Plan pursuant to 310 CMR 40.0018, must be
prepared by a certified Industrial Hygienist, or other qualified individual
sufficiently trained in worker health and safety requirements and
implemented prior to the commencement of any activity at the Property
which involves the disturbance, excavation and/or removal of OHM-
impactedsoil.TheHealthandSafet yPlanshouldspecifythetypeofpersonal
protection (i.e., clothing, respirators), engineering controls, and
environmental monitoring(if any) necessaryto prevent worker exposures to
OHM-impacted soil. Workers must be informed of the requirements of the
HealthandSafetyPlan,andtheplanmustbeavailableon-sitethroughoutthe
course of the project;and
(iii) Response actions must be conducted in accordance with the
MassachusettsContingencyPlan,310CMR40.0000,shouldanLSPOpinion
rendered pursuant to Obligation (i) conclude that future Property uses and
activities, including exposures associated with future building construction,
are inconsistent with maintaining a condition of No Significant Risk.
4.Proposed Changes in Activities and Uses.Any proposed changes in activities and
uses at the Property which may result in higher levels of exposure to oil and/or
hazardousmaterialthancurrentlyexistshallbeevaluatedbyanLSPwhoshallrenderan
Opinion, in accordance with 310 CMR 40.1080 et seq., as to whether the proposed
changes will present a significant risk of harm to health, safety, public welfare or the
environment. AnyandallrequirementssetforthintheOpiniontomeettheobjectiveof
this Notice shall be satisfied before any such activity or use is commenced.
5.Violation of a Response Action Outcome. The activities, uses and/or exposures
upon which this Notice is based shall not change at anytime to cause a significant risk
of harm to health, safety, public welfare, or the environment or to create substantial
hazardsduetoexposuretooiland/orhazardousmaterialwithoutthepriorevaluationby
an LSP in accordance with 310 CMR 40.1080 et seq., and without additional response
actions, if necessary, to achieve or maintain a condition of No Significant Risk or to
eliminate substantial hazards.
Iftheactivities, uses, and/orexposures uponwhichthis Noticeis basedchangewithout
the prior evaluation and additional response actions determined to be necessary by an
LSPin accordancewith310CMR40.1080etseq.,theowneroroperatoroftheProperty
subject to this Notice at the time that the activities, uses and/or exposures change, shall
comply with the requirements set forth in 310 CMR 40.0020.
6.Incorporation Into Deeds, Mortgages, Leases, and Instruments of Transfer. This
Notice shall be incorporated either in full or by reference into all future deeds,
Form 1075 -DRAFT 310CMR40.1099
easements,mortgages,leases,licenses,occupancyagreementsoranyotherinstrumentof
transfer, wherebyan interest in and/or a right to use the Propertyor a portion thereof is
conveyed.
Ownerherebyauthorizesandconsentstothefilingandrecordationand/orregistrationof
this Notice, said Notice to become effective when executed under seal by the
undersigned LSP,andrecordedand/orregisteredwiththeappropriateRegistryofDeeds
and/or Land Registration Office(s).
WITNESStheexecutionhereofundersealthis_____________dayof_____________,
20____.
[Name of Owner]
[COMMONWEALTH OF MASSACHUSETTS]
[STATE OF___________________]
______________, ss ____________,
20___
Then personally appeared the above -named _____________________and
acknowledged the foregoing instrument to be [his][her] free act and deed before me,
Notary Public:
My Commission
Expires:
TheundersignedLSPherebycertifiesthat[he][she]executedtheaforesaidActivityand
Use Limitation Opinion attached hereto as Exhibit C and made a part hereof and that in [his][her]
Opinion this [Confirmatory] Notice of Activityand Use Limitation is consistent with the terms set
forth in said Activity and Use Limitation Opinion.
Date:_________________
[Name of LSP]
[LSP SEAL ]
[COMMONWEALTH OF MASSACHUSETTS]
[STATE OF ______________________]
_______________,ss _____________,
20__
Then personally appeared the above named __________and acknowledged the
Form 1075 -DRAFT 310CMR40.1099
foregoing instrument to be [his][her] free act and deed before me,
Notary Public:
My Commission
Expires:
Upon recording, return to:
(Name and Address of Owner)
EXHIBIT C
ACTIVITY AND USE LIMITATION OPINION
Old South Street Parking Lot,Northampton,Massachusetts
DEP Site #1-14222
While not required by the Massachusetts Contingency Plan, 310 CMR 40.0000, this Activity and
Use Limitation (AUL)Opinion has been prepared voluntarily for a parcel of land owned by the
City of Northampton,located on Hampton Avenue, Northampton , Massachusetts, Hampshire
County, Massachusetts 01060 (the “Property”or the “Subject Property”; see Exhibit A),
identified by the City of Northampton Tax Assessor as Map 3 2C, Lot 345.An AUL is not
required for this parcel because all the MGP residuals found on this parcel are greater than 15
feet below the ground surface. [See 310 CMR 40.1012 (3)]This AUL is being placed on this
property voluntarily to advise current and future property owners and any persons holding an
interest in the property of the presence at depths greater than 15 feet below the ground surface of
residuals from the former Northampton Gas Light Company’s manufactured gas plant (MGP).
The MGP had been located on land to the west of this parcel. This voluntary AUL has been
prepared in accordance with the requirements of 310 CMR 40.1074.As of the date of this
Activity and Use Limitation Opinion, the property is zoned “Central Business,” which permits
commercial and residential use.
Background
This AUL is being prepared for the Property located along Hampton Avenue in downtown
Northampton. The Property subject to this AUL is east of the former Northampton Gas Light
Company manufactured gas plant (MGP), which is described further in the following sections.
MGP residuals attributable to the release identified by the Massachusetts Department of
Environmental Protection (MassDEP) as Release Tracking Number (RTN) 1-14222 have been
identified within subsurface soils and groundwater greater than 15 feet below ground surface (ft
bgs) beneath the Property
The Property on which this AUL is being implemented is currently utilized as an asphalt-paved
parking lot, hereinafter referred to as the “Old South Street Parking Lot” (OSSPL). The parcel of
land was formerly occupied by the Kimball & Cary Co. coal and wood facility.Three large coal
pockets or bins (wood structures used for the storage and transfer of coal) were located in this
area adjacent to the New York, New Haven and Hartford Railroad tracks since at least 1884
through the 1950’s.The Mill River was formerly located directly south of the railroad tracks.
The river, which flowed from west to east, was diverted in 1940 for flood protection purposes
beginning at a point approximately one-half mile west of the former MGP , and its former channel
was filled in from that point to the eastern edge of the Old South Street Parking Lot. The former
river channel was approximately 30 feet in width.
Disposal Site History
In 2001, a release of oil and hazardous materials (OHM) was identified at properties to the west
of the Subject P roperty.The area to the west of the Subject Property includes the Roundhouse
Parking Lot, the Roundhouse Office Building, and the Pulcharski Municipal Building ,which
were formerly occupied by the Northampton Gas Light Company’s MGP and the company’s
offices.The MGP was initially developed around 1855,coinciding with the construction of the
New Haven and Northampton Railroad. Much of the part of the Disposal Site (“the Site”) where
the release(s) of OHM occurred was used for the manufacturing, storage,and distribution of coal,
water, and oil gas. G as production was discontinued in 1951.Most of the gas manufacturing
structures formerly present were demolished in 1962.The property occupied by the MGP and its
remaining structures were donated to the City in 1973 .
Environmental assessments have been conducted at the Site since 2001 in accordan ce with the
requirements of the Massachusetts Contingency Plan (MCP).Bay State Gas Company
conducted all of the MCP-required assessment and remediation performed at the Site.The Phase
II Comprehensive Site Assessment resulted in a detailed conceptual s ite model for the Site.
Some MGP-impacted material, including ash, coal, and clinkers, was likely used as fill material
within the footprint of the former facility or was graded and re-worked around the facility.Tar
and oily MGP residuals also were likely released from containers or through foundations into the
subsurface.The oily MGP residuals, being denser than water,migrated downward through the
heterogeneous subsurface fill and glacio-fluvial sand and gravel underlying the facility.Clay and
other fine-grained, impermeable soil are present below the sand and gravel at depths ranging
from 10 to 35 feet below ground surface. Where the dense oil encountered these fine grained
clay or fine -grained soils ,it either accumulated at that location or migrated laterally along the
upper surface of the clay/soils.This is the likely mechanism by which the residuals came to be
located on the Subject Property.Some MGP constituents have dissolved in groundwater and
have migrated advectively with the natural groundwater flow.[Note: The “MCP” is the
Commonwealth of Massachusetts’ code of regulations (310 CMR 40.0000) for the notification,
assessment and cleanup of disposal sites where a release of Oil or Hazardous Materials has
been detected.]
Reason for Activity and Use Limitation
An AUL is not required by the MCP for this property because MGP residuals attributable to the
Site are only located at depths greater than 15 feet bgs beneath the Property as described in detail
in the Phase II report. However,to limit future potential exposures to subsurface soil and/or
groundwater greater than 15 feet bgs on the Property,certain activity and use restrictions will be
placed on the Property.
The majority of soils beneath the Property between the ground surface and approximately 10 feet
below ground surface (ft bgs) consist of historic fill materials, with a confining clay layer located
beneath the fill soils at depths ranging from 20 to 3 5 ft bgs.Since the elevation of the railroad
bed was at least as high as the current grade, it is reasonable to infer that the fill materials in the
location of the railroad tracks coincide with or pre -date the construction of the railroad.The fill
in the river was presumably added around 1940.
Average depth to groundwater beneath the Property ranges from 15 ft to 17 ft bgs .As previously
discussed, the mechanism of deposition of the MGP materials currently located beneath the
urban fill soils either occurred through lateral migration from the MGP along the upper surface
of the clay layer or through advective migration with the natural groundwater flow.Soils located
between the ground surface and the water table (which consist primarily of historic fill materials)
are not included in the disposal site as these soils have not been impacted by the release
associated with RTN 1-14222.As such, the water table has been designated as the marker below
which certain activities will be required to limit potential exposures to MGP residuals through
the implementation of an AUL.
Specifically, this AUL will prevent exposures of certain receptors (i.e. children, trespassers,site
workers and residents) to MGP residuals in the subsurface beneath the water table.A Method 3
risk characterization was completed to evaluate potential risks associated with the MGP-related
compounds in the groundwater and subsurface soil beneath the water table . There are no risks of
harm to human health posed by the MGP residuals that are present at the disposal site under
current and reasonably foreseeable future activities and uses because h umans are not able to
contact the MGP residuals in their present location.Implementation of this AUL will limit
future potential exposures to MGP residuals that are present at the Property at depths below the
water table elevation.[Note: The MCP allows a risk characterization for a disposal site to be
performed by one of three methods: Method 1, which involves a comparison of soil and
groundwater contaminant concentration measured at a site to existing numerical standards;
Method 2, which involves comparison of soil and groundwater contaminant levels measured at a
site to more site-specific numerical standards derived for a particular site; and Method 3, which
involves a quantification of total site risk considering on-site receptors, assumed exposure
scenarios, and contaminant levels measured at the site.]
1.Permitted Activities and Uses
The following activities and uses are permitted at the Property:
(i) Excavation and/or removal of potentially MGP-contaminated subsurface soils (below
the water table greater than fifteen (15)feet below ground surface)and associated
handling and processing (e.g. size reduction, etc.) associated with limited short-term
(three months or less) construction work, provided that it is conducted in accordance
with the performance standards of the MCP. Such activities must be conducted in
accordance with the performance standards set forth by the MCP and conducted under
the direction of a Licensed Site Professional (LSP).[Note: An LS P is a person that the
Commonwealth of Massachusetts has determined has the appropriate education and
experience to manage the assessment and remediation of sites pursuant to the MCP
without the direct oversight of the Massachusetts Department of Environmental
Protection (MassDEP)].Excavation activities must be conducted in accordance with the
Soil Management Procedures pursuant to 310 CMR 40.0030, and/or all applicable
worker health and safety practices pursuant to 310 CMR 40.0018;
(ii) Activities and uses which are not identified by this Notice as being inconsistent with
maintaining a condition of No Significant Risk; and
(iii) Such other activities and uses which, in the Opinion of an LSP, shall present no
greater risk of harm to health, safety, public welfare, or the environment than the
activities and uses set forth in this paragraph.
2.Activities and Uses Inconsistent with the AUL Opinion.
Activities and uses which, if implemented at the Property, may result in a significant risk of harm
to human health, safety, public welfare, or the environment are as follows:
(i)Activities and/or uses which involve the removal and/or disturbance of the MGP-
contaminated soil located beneath the water table without prior development of a Soil
Management Plan and a Health and Safety Plan in accordance with Obligations (i) and
(ii) of Paragraph 3 below;and
(ii) Relocation of the MGP-contaminated soil from beneath the water table o n the
Property, unless an LSP renders an Opinion which states that such relocation is
consistent with maintaining a condition of No Significant Risk.
3.Obligations and Conditions Set Forth in the AUL Opinion.
If applicable, obligations and/or conditions to be undertaken and/or maintained at the Property to
maintain a condition of No Significant Risk as set forth in this AUL Opinion shall include the
following:
(i) A Soil Management Plan must be prepared by an LSP and implemented prior to the
commencement of any activity that will disturb the MGP-contaminated soil located
beneath the water table.The Soil Management Plan must be prepared by an LSP and
implemented prior to the commencement of any activity at the Property that involves the
disturbance, excavation and/or removal of OHM-impacted soil, with the exceptions
described in Paragraph 1 above.The Soil Management Plan should describe appropriate
soil excavation, handling, storage, transport, and disposal procedures in accordance with
the provisions of the MCP cited at 310 CMR 40.0030 et seq. and appropriate
groundwater handling, storage, and disposal procedures in accordance with the provision
of the MCP cited at 310 CMR 40.0040 et seq.The Soil Management Plan should
include a description of the engineering controls and environmental monitoring
procedures, if any, necessary to ensure that workers and receptors in the vicinity are not
affected by fugitive dust or particulates from the Property.On-site workers must be
informed of the requirements of the Soil Management Plan, and the plan must be
available on-site throughout the course of the project;
(ii) A Health and Safety Plan pursuant to 310 CMR 40.0018,must be prepared by a
certified Industrial Hygienist or other qualified individual sufficiently trained in worker
health and safety requirements and implemented prior to the commencement of any
activity at the Property which involves the disturbance, excavation and/or removal of
OHM-impacted soil, with the exceptions described in Paragraph 1 above.The Health
and Safety Plan should specify the type of personal protection (i.e., clothing, respirators),
engineering controls, and environmental monitoring (if any) necessary to prevent worker
exposures to OHM-impacted soil.Workers must be informed of the requirements of the
Health and Safety Plan, and the plan must be available on-site throughout the course of
the project;and
(iii) Response actions must be conducted in accordance with the Massachusetts
Contingency Plan, 310 CMR 40.0000, should an LSP Opinion rendered pursuant to
Obligation (i) conclude that future Property u ses and activities, including exposures
associated with future building construction, are inconsistent with maintaining a
condition of No Significant Risk.
LSP Signature
The Activity and Use Limitation Opinion presented herein was prepared on MONTH DAY,
YEAR by:
LSP SIGNATURE